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chapter 10 and Chapter 9

Chapter 10 and Chapter 9 Torts
STUDY
PLAY
Antenuptial(prenuptial) agreement
btween parties who intend top marry that typically provides for the disposition of the property rights of the parties in the event the marriage ends by dearth or divorce.
Annulment
court order that restores the parties to their positions before the marriage. The marriage of the parties is void and treated as if never existed. It is permissible in situations in which a particular legal disability prevented the marriage from becoming valid.
Domestic Violence
violence perpretrated by one member of a household onto another.
Dssolution of Marriage
The end of the marriage relationship (also known as divorse)
Legal Separation
legal document that establishes the property rights of the parties without effecting a dissolution of the actual marriage relationship.
Temporary restrianing order
court order that oders a party to act or refrain from acting in a particular manner until such time as the court has the oppertunirty to consider a more permanent ruling on an issue.
Preliminary Injuction
court order that oders a party to act or refrain from acting in a particular manner for a specified period of time. (often during the pendency of a legal proceeding).
Permanent Injuction
An injuction that remains effective until an order of the court removes it, Sometimes such orders are left in force forever.
Custody (parental rights)
the rights to oversee the care, education, and rearing of a child.
Proerty Settlement
agreement as to the property rights and obligation of co-owners or co-debtors such as to a marriage.
Tort Law
Chapter Nine Definitons
TORT
An innury to an individual or property that may or maay not encompass criminal law.(acts).
CIVIL LAW
One of two prominant legal systems in the WESTERN WORLD.
CRIMINAL LAW
The boby of the law defining offences againsrt the community at large, regulatiing against how suspects are investigated caahrged and tried.
NEGLIGENCE
An act or failure to act toward another when a duty is owed to another. 1) Duty, 2) Breach of duty, 3) Causation, 4) Damages.
ELEMENTS OF NEGLIGENCE
1) Duty, 2) Breach of duty, 3) Causation, 4) Damages
REASONABLE CONDUCT
Action or nonaction that is appropriate under the circumstances, when all risk and benefits are taken into account.
PROXIMATE CAUSE
The direct cuase that is sufficiaent to produce a result. There can be no other intervening force that occurs independantly and before the result that is also sufficient to produce the result.
INTENTIONAL TORT
An act that the actor knows or should know with substantial certainty will cause harm to another.
STRICT LIABILITY
Liability without fault applied in situations where the intention or neglect of the party is immatertial. The mere performance of the act wil result in liability.
DUTY
A legal obligation to which is owed to another and that needs to be satisfied.
STANDARD OF CARE
In the law of negkigence, the degree of care that a reasonable person should exercise (common sense).
EXTRAORDINARY CARE
Is usually applied in situatons identified by thet lawmaking authorities where the plaintiff is not capable of protecting him or herself from the defendants action.
SLIGHT CARE
The mosst basic of all duties to take the most minimal action to prevent injuries to those in the surrounding area.
' BUT FOR CAUSE'
If not for the actions of someone else's negligence, the accident would not have happened.
SUBSTANTIAL FACTOR ANALYSIS
test for indirect causation in negligence cases. The tortfeasor is liable for injuries to the victim when the tortfeasor's conduct was a substantial factor in producing the harm.
SPACIFIC DUTY
Is impossed by statute or common law. The legislature and judiciary have identified particular sistuations as those in which a duty is always warrented.
ZONE OF DANGER APPROACH
The doctrine allowing the recovery of damages for negligent infliction of emotional distress if the plaintiff was both located in the dangerous are created by the defendants negligence and frightened by the risk of harm.
WORLD AT LARGE APPROACH
It requires the defendant to foresee more remote possibilities of harm to persons not in the immediate area and of injuries not as readily foreseeable to occur from his or her conduct.
DAMAGES
a sum of money paid in compensation for loss or injury
GENERAL DAMAGES
(law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated
SPECIAL DAMAGES
consist of medical expenses and lost wages; sometimes called out-of-pocket expenses; an exact and verifiable figure
PUNITIVE DAMAGES
(law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
RES IPSA LOQUITOR
"the thing speaks for itself" ...the physicians mistake speaks for itself.